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NY K81160

December 10, 2003
CLA-2-17:RR:NC:2:228 K81160


TARIFF NO.: 2106.90.9972, 6912.00.4100

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of drink mix sets from China.

Dear Mr. Gat:

In your letters dated September 25, 2003, and August 18, 2003, you requested a tariff classification ruling.

Samples and descriptive literature were submitted with your first letter, and ingredients breakdowns were submitted with your second letter. Item nos. DM-205715A and DM-205715B are comprised of a bottle of drink mix, a plastic tube filled with colored sugar, and a ceramic (non-porcelain) tumbler. The mango flavored and the Blue Hawaii flavored drink mixes are composed of 58.4 percent water, 40 percent sugar, and less than one percent each of sodium benzoate, potassium sorbate, citric acid, natural and artificial flavor. Instructions on the packaging direct the consumer to combine the Mango mix with kahlua and rum to make a drink called the Castaway, and to add triple sec and rum to the Blue Hawaii mix to make a drink called Blue Tiki Tiki.

The applicable subheading for the Blue Hawaii and Mango drink mixes will be 2106.90.9972, Harmonized Tariff Schedule of the United States, (HTS), which provides for food preparations not elsewhere specified or includedotherother preparations for the manufacture of beverages containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the tumblers will be 6912.00.4100, HTS, which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or chinatableware and kitchenwareother otherothertumblers The rate of duty will be 3.9 percent ad valorem.

Your inquiry does not provide enough information for us to issue a classification ruling on the sugar-filled plastic tube. Your request for a classification ruling should include the additional information indicated below:

1. Type of sugar contained in the tube.
2. Ingredients breakdown, by weight, for the sugar. 3. How the sugar is used.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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